KRS 224.16-080: Change or extinguishment of assignment of mixing zone for

bioaccumulative chemicals of concern -- Required information for permit

modification or renewal.

(1) In accordance with the water quality standards established in 401 KAR 10:029 in

effect on March 24, 2021, which were submitted to and deemed approved by the

United States Environmental Protection Agency pursuant to its 2018 triennial

review of Kentucky's water quality standards under 33 U.S.C. sec. 1313(c), any

mixing zone for a bioac cumulative chemical of concern assigned by the cabinet on

or before September 8, 2004, shall be in effect from that date unless and until

explicitly changed or extinguished by the cabinet after March 24, 2021. Any

Kentucky Pollutant Discharge Elimination System permittee who seeks to rely on a

mixing zone for a bioaccumulative chemical of concern assigned by the cabinet on

or before September 8, 2004, shall include information identifying the mixing zone

in any application for the modification or renewal of the relevant Kentucky

Pollutant Discharge Elimination System permit.

(2) Any change or extinguishment in mixing zone assignments for bioaccumulative

chemicals of concern by the cabinet pursuant to subsection (1) of this section shall

only be accomplished through a formal Kentucky Pollutant Discharge Elimination

System permitting action by the cabinet, including public notice and opportunity for

comment, conducted pursuant to administrative regulations promulgated in

accordance with KRS Chapter 13A.